Legal Question in Wills and Trusts in California
re: death
My divorce was never completed and my husband committed suicide. He didn't leave a will. He also had a business but when he filed for the divorce, a form notorized stated that I had nothing to do with his business. He was in the process of filing bankruptcy at the time of his death. please advise
2 Answers from Attorneys
Re: re: death
you need to retain an attorney to advise you regarding your rights and obligations in connection with your late husband's estate and whether or not probate will be required.
Re: re: death
I'm sorry to hear this. If you were separated at the time of death, the debts incurred after separation would be his alone. You may be responsible for debts incurred before separation, or for debts you personally guaranteed, if any. Otherwise, the debts he incurred would be his, and only his separate property would be available to creditors.
Please also note also that creditors usually have only one year from the date of death to file their claims in probate and/or sue you.
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